- Video: Accessibility Tutorials playlist
- Other Accessibility Resources
OSEP supports a number of educational media and educational materials projects designed to provide timely access for children with disabilities to the same educational media and materials used by all children.
The IDEA supports activities that use current and emerging technologies to improve access to the content of educational media and materials, including textbooks, for children with disabilities.
These activities are designed to:
- provide access to television programming, videos, CDs, DVDs, video streamed materials and other multimedia materials for children with disabilities by adding video description or captioning
- provide free educational materials, including textbooks, in accessible formats such as braille, large print, audio, digital text, and text with audio, that make it possible for children with disabilities to access and use educational materials and textbooks across learning environments.
OSEP Guidance and Resources
- Questions and Answers on the National Instructional Materials Accessibility Standard (NIMAS) (Aug. 9, 2021) PDF
- Dear Colleague Letter on Braille (June 19, 2013) PDF
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office for Civil Rights
- Dear Colleague Letter to elementary and secondary schools (May 26, 2011)
- Frequently Asked Questions about June 29, 2010 Dear Colleague Letter on access to electronic book readers (May 26, 2011)
- Notice of Policy Guidance for Deaf Students Education Services
OSEP Funded Technical Assistance Centers and Resources
- Media
- National Captioning Institute
- Bridge Multimedia
- CaptionMax
- Dicapta
- Described and Captioned Media Program
- DIAGRAM Center
- Bookshare
- National Center on Accessible Educational Materials (AEM)
- National Instructional Materials Access Center (NIMAC)
IDEA 2004 Reauthorization Resources
- Question-and-Answer Document
- Updated Q&A on NIMAS: PDF
Under the IDEA, each state must ensure all children with disabilities are included in all general state and districtwide assessment programs, including assessments described under section 1111 of the ESEA, 20 U.S.C. 6311, with appropriate accommodations and alternate assessments, if necessary, as indicated in their respective individualized education programs (IEPs).
The IDEA requires that each child’s IEP Team determine any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on state and districtwide assessments consistent with 20 U.S.C. 1412(a)(16).
If the IEP Team determines that the child must take an alternate assessment instead of a particular regular state or districtwide assessment of student achievement, the child’s IEP must include a statement of why the child cannot participate in the regular assessment and the particular alternate assessment selected is appropriate for the child as per 34 CFR §300.320(a)(6) and 20 U.S.C. 1412(a)(16).
The IDEA requires each state to report to the public on the participation rates of children with disabilities and their performance compared with all children on state assessments in accordance with 20 U.S.C. 1412(a)(16). Generally, this information is located on each state’s Department of Education page.
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office of Elementary and Secondary Education (OESE)
- Title I Assessment Final Regulations
- Standards, Assessments and Accountability
- Letter to Chief State School Officers on Assessments and Accountability (February 20, 2021)
- Frequently Asked Questions Impact of COVID-19 on Accountability Systems Required under the Elementary and Secondary Education Act of 1965 (ESEA) (January 19, 2021)
- Letter from Education Secretary to Chief State School Officers Invitation to request a waiver, for the 2019-2020 school year of the assessment requirements (March 20, 2020)
- Optional Template for Requests of Waivers of Assessments (March 20, 2020)
- Alternate Assessment Aligned to Alternate Academic Achievement Standards
- Memo to States Regarding Requirements to Request a Waiver/Waiver Extension for the 2023-24 School Year from the 1.0 Percent Cap on the Percentage of Students with the Most Significant Cognitive Disabilities Who May Be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards (AA-AAAS) (September 20, 2023)
- Memo to States Regarding the Requirements to Request a Waiver for the 2022-23 School Year (SY) from the One Percent Cap on the Percentage of Students With the Most Significant Cognitive Disabilities Who May Be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards (September 20, 2022)
- Policy Letter to State Directors: Additional Information Regarding the Requirements to Request a Waiver for the 2020-21 School Year (SY) from the One Percent Cap on the Percentage of Students With the Most Significant Cognitive Disabilities Who May Be Assessed with an Alternate Assessment Aligned with Alternate Academic Achievement Standards (AA-AAAS) (June 9, 2020)
- Memo to States Regarding Consequences for States Not Meeting the Requirement to Assess Not More than 1.0 Percent of Students on the Alternate Assessment (March 28, 2019)
- Memo to States with Additional Information Regarding the Cap on the Percentage of Students Who May Be Assessed with an Alternate Assessment (August 27, 2018)
- Memo to States Regarding the Cap on the Percentage of Students who may be Assessed with an Alternate Assessment (May 16, 2017)
- Final Regulations to No Longer Authorize Modified Academic Achievement Standards for Certain Students with Disabilities (August 21, 2015)
OSEP Funded Technical Assistance Centers and Resources
- National Center on Educational Outcomes
- Center on Standards, Assessment and Accountability (CSAA)
Under the IDEA, states are required to submit outcome data to the Department annually on young children receiving services under IDEA Part C and Part B Preschool in order to access the impact of those programs.
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Early Learning Initiatives
- Screening and Assessment
OSEP Funded Technical Assistance Centers and Resources
- Early Childhood Technical Assistance Center’s (ECTA) Outcomes Measurement
Bullying of any student by another student, for any reason, cannot be tolerated in our schools.
Children with disabilities are disproportionately affected by bullying. For example, children with learning disabilities, attention deficit or hyperactivity disorder, and autism are more likely to be bullied than their peers.
Due to the characteristics of their disabilities, children with intellectual, communication, processing, or emotional disabilities may not understand the extent to which bullying behaviors are harmful, or may be unable to make the situation known to an adult who can help.
Whether or not the bullying is related to the student’s disability, any bullying of a student with a disability that results in the student not receiving meaningful educational benefit constitutes a denial of a free appropriate public education (FAPE) under the IDEA that must be remedied.
The Department has issued guidance including practices for use as part of any bullying prevention and intervention program to help ensure that school and classroom settings are positive, safe, and nurturing environments for all children and adults.
OSEP Guidance and Resources
- Dear Colleague Letter on Bullying (July 23, 2013) PDF
- Enclosure PDF
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office for Civil Rights
- Dear Colleague Letter on bullying (Oct. 21, 2014)
- Analysis of State Bullying Laws and Policies
- Bullying Fast Facts
- Measuring Student Safety: Bullying rates at school
- stopbullying.gov
Charter schools are established according to individual state charter school laws.
The term “charter school,” as used in the current IDEA Part B regulations, has the meaning of “charter school” in the Elementary and Secondary Education Act of 1965.
Children with disabilities who attend public charter schools and their parents retain all rights and protections under Part B of IDEA just as they would if the children were enrolled in other public schools.
OSEP Guidance and Resources
- Dear Colleague Letter with the Office for Civil Rights on Charter Schools (Dec. 28, 2016)
- Frequently Asked Questions about the rights of students with disabilities in public charter schools under IDEA (Dec. 27, 2016)
- Fact Sheet on Know Your Rights: Students with Disabilities in Charter Schools (Aug. 1, 2016)
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office of Innovation and Improvement
- ED Charter School Program
- OCR Frequently Asked Questions about the Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973 (Dec. 28, 2016)
- Fast Facts – Charter Schools
- Public Charter School Enrollment
- National Charter School Resource Center (NCSRC)
The provisions related to child find in the IDEA require that states and local educational agencies (LEAs) have in effect policies and procedures to ensure that all children with disabilities residing in the state who need special education and related services are identified, located, and evaluated, regardless of the severity of the disability.
This requirement, known as Child Find, includes activities to determine whether a child is a child suspected of having a disability who should be referred for evaluation to determine eligibility for special education and related services under Part B.
This responsibility includes children who are homeless or wards of the state and highly mobile and migrant children with disabilities, as well as those suspected of having developmental delays.
It also includes children who have complex medical needs and who reside in nursing homes because of serious health problems and those that are in correctional facilities.
Under Part C of the IDEA, each state must have a comprehensive child find system that ensures all infants and toddlers with disabilities in the state who are eligible for early intervention services are identified, located, and evaluated.
To fully comply with this requirement, Part C must ensure the child find system is coordinated with all other major efforts to locate and identify children by other state agencies responsible for administering education, health, and social service programs including:
- the state IDEA Part B program
- the state Early Hearing Detection and Intervention (EHDI) system
- the Home Visiting program under Maternal and Child Health (MCH-Title V)
- child care programs
- the Children’s Health Insurance Program (CHIP)
OSEP Guidance and Resources
- Q&A on Child Find Under Part B of IDEA (Aug. 24,2021)
- Letter to OSERS State and Local Partners (Aug. 24, 2021)
Other U.S. Department of Education/Federal Partner Resources
- U.S. Center for Disease Control and Prevention
- CDC Learn the Signs. Act Early.
OSEP Funded Technical Assistance Centers and Resources
- Early Childhood Technical Assistance Center (ECTA)
- Early Identification Topic Page
The IDEA Parts B and C regulations’ confidentiality of information requirements include provisions for infants, toddlers and children with disabilities receiving services under IDEA and provide protections beyond the Family Educational Rights and Privacy Act (FERPA) requirements.
It is critical to begin by examining the IDEA requirements first when analyzing the privacy and confidentiality requirements for children with disabilities.
OSEP Guidance and Resources
- IDEA Part B Confidentiality Requirements (34 CFR §§ 300.610 through 300.626)
- Confidentiality requirements that apply to children with disabilities served under IDEA Part B
- Protect the personally identifiable information (PII) in education records collected, maintained, or used under IDEA Part B
- Confidentiality requirements that apply to infants and toddlers with disabilities and their families under IDEA Part C
- Protect PII in early intervention records collected, maintained, or used under IDEA Part C
- A side-by-side comparison of the legal provisions and definitions in the IDEA Part B, Part C, and FERPA
Other U.S. Department of Education/Federal Partner Resources
- Student Privacy Policy Office
- FERPA and Coronavirus Disease 2019 (COVID-19) Frequently Asked Questions (March 2020)
- FERPA and Virtual Learning Related Resources (March 2020)
OSEP Funded TA Centers
- Data Sharing Agreement Checklist for IDEA Part C and Part B 619 Agencies and Programs (November 2014)
- The DaSY Center
- Protecting Student Privacy at the U.S. Department of Education
Other U.S. Department of Education / Federal Partner Technical Assistance Centers and Resources
- U.S. Department of Education’s Student Privacy Policy Office’s Privacy Technical Assistance Center
- FERPA and Virtual Learning During COVID-19, Recorded Webinar (March 2020)
- FERPA and Virtual Learning During COVID-19 Resources (March 2020)
The IDEA allows, and sometimes requires, local educational agencies (LEAs) to use funds provided under Part B of the IDEA for coordinated early intervening services (CEIS).
This provision permits LEAs to use no more than 15 percent of Part B funds to develop and provide CEIS for students who are currently not identified as needing special education.
OSEP Guidance and Resources
- The IDEA’s regulations, pertaining to Significant Disproportionality and CEIS were revised in December 2016. The Department is currently working to update guidance in this area.
Students with disabilities represent a large portion of students in correctional facilities, and it appears that not all students with disabilities are receiving the special education and related services to which they are entitled.
Absent a specific exception, all IDEA protections apply to students with disabilities in correctional facilities and their parents.
The fact that a student has been charged with or convicted of a crime does not diminish his or her substantive rights or the procedural safeguards and remedies provided under the IDEA to students with disabilities and their parents.
OSEP Guidance and Resources
- Research to Practice Division
OSEP’s Research to Practice Division (RTP) administers discretionary grant programs to help infants, toddlers, children, and youth with disabilities achieve improved educational results and functional outcomes. - OSEP September 2022 National Technical Assistance Call (Sep. 8, 2022)
During the September call, OSEP invited Part B, State Special Education Directors, Title I Part D State Coordinators, Local Educational Agencies (LEAs), Juvenile Justice Facilities Administrators, State Adult Correctional Facility Administrators, Juvenile Justice Advocacy Groups, Parents and Technical Assistance Support Centers to hear the latest on correctional education, collaboration, trends, challenges, and successes. Each federal and state agencies shared information and resources to support improving educational outcomes for student with disabilities in correctional settings.
- Presentation (PDF)
- Recording (YouTube)
- Publication: Juvenile Accountability Incentive Block Grants Program-Bulletin March 2000 (PDF)
- State Correctional Education Self-Assessment (Aug. 2022)
The Office of Special Education Programs (OSEP) has developed a voluntary State Correctional Education Self-Assessment (SCES) to assist States in self-assessing their systems for providing special education and related services to students with disabilities in correctional facilities. This self-assessment addresses some—but not all—the requirements of Part B of the Individuals with Disabilities Education Act (IDEA) as they apply to States, State educational agencies (SEAs), and public agencies (including local educational agencies [LEAs] and responsible noneducational public agencies) in educating these students. - OSEP letter to Duncan on whether the Florida Department of Corrections fails to provide a free appropriate public education (FAPE) under Part B of IDEA. (Jan. 29, 2019)
- OSEP Dear Colleague Letter on the Individuals with Disabilities Education Act for Students with Disabilities in Correctional Facilities. (Dec. 5, 2014)
Other U.S. Department of Education / Federal Partner Resources
- Rehabilitation Services Administration
OSERS Rehabilitation Services Administration (RSA) has a number of programs to assist state and other agencies in providing vocational rehabilitation and other services to individuals with disabilities to maximize their employment, independence, and integration into the community and the competitive labor market:- Disability Employment Programs
- Report on Guiding Principles for Providing High-Quality Education in Juvenile Justice Secure Care Settings (Dec. 2014)
- Frequently Asked Questions on Correctional Education (Dec. 8, 2014)
- Dear Colleague Letter on juvenile justice residential facilities (Dec. 8, 2014)
OSEP Funded Technical Assistance Centers and Resources
- IRIS TA Center
- Professional Development Modules.
The IRIS TA Center developed a two-part series of modules for personnel development related to corrections education: Youth with Disabilities in Juvenile Corrections Part 1: Improving Instruction focuses on developing evidence-based instruction in correctional education programs.
- Center for Parent Information and Resources
- Parent Resources.
OSEP’s Center for Parent Information and Resources has developed resources for professionals working with parents of juvenile justice-involved students with disabilities: Juvenile Justice Toolkit.
- May 11, 2023 OSEP May National TA Call:
Staff from OSEP, the U.S. Department of Justice (DOJ), and the National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At-Risk (NDTAC) presented ways to improve experiences at correctional education facilities for students with disabilities.- Recording
- PowerPoint Presentation (PDF)
Other U.S. Department of Education / Federal Partner Technical Assistance Centers and Resources
- U.S. Department of Education’s Office of Elementary and Secondary Education
- Equity Assistance Centers
- National Center for Safe and Supportive Learning Environments
- National Reentry Resource Center
The department has issued resources specific to the education of students with disabilities in the wake of the COVID-19 (Coronavirus) pandemic.
The department compiled a list of department-specific resource.
The following resources are related to educating students with disabilities.
OSERS and OSEP Guidance and Resources
Return to School Roadmap under IDEA
- Return to School Roadmap under IDEA: Letter to Special Education and Early Intervention Partners (Aug. 24, 2021) [ English | Español]
- Return to School Roadmap: Child Find Under Part B of the Individuals with Disabilities Education Act (Aug. 24, 2021) [ English | Español]
- Return to School Roadmap: Development and Implementation of Individualized Education Programs (Sept. 30, 2021) [ English | Español ]
- Return to School Roadmap: Provision of Early Intervention Services (Oct. 29, 2021) [ English | Español ]
- Return to School Roadmap: Child Find, Referral, and Eligibility Under Part C of the Individuals with Disabilities Education Act (Oct. 29, 2021) [ English | Español ]
Other Guidance and Resources
- Letter to Educators and Parents Regarding New CDC Recommendations and Their Impact on Children With Disabilities (March 24, 2022)
- Addresses the needs of students with disabilities as the U.S. moves into a new phase in response to the pandemic.
- Documents address inquiries concerning implementation of IDEA provision of service in the current COVID-19 environment.
- Part B (Sept. 28, 2020)
- Part C (Oct. 21, 2020)
- Streamlined waiver that will allow for the use of IDEA Part C grant funds for an additional year beyond what is known as the Tydings period, for years impacted by the COVID-19 emergency.
- Documents address inquiries concerning the implementation of the IDEA procedural safeguards in the current COVID-19 environment
- Part B
- Part C
- Documents address inquiries concerning the implementation of the IDEA use of funds in the current COVID-19 environment
- Part B
- Part C
- Documents address inquiries concerning the implementation of the IDEA dispute resolution procedures in the current COVID-19 environment
- Part B
- Part C
- Streamlined waiver for state education agencies and subgrantees that will allow for the use of IDEA Part B grant funds for an additional year beyond what is known as the Tydings period, for years impacted by the COVID-19 emergency
Newsletters
- March 2020 – Jan. 2021 editions of the OSEP Update and the department’s Early Learning newsletter provide COVID-19 related information and resources from the Department of Education, other federal agencies and OSEP grant recipients
Other U.S. Department of Education/Federal Partner Resources
- All Department of Education Resources
- COVID-19 Information and Resources for Schools and School Personnel
- OCR Short Webinar: Online Education and Website Accessibility (Video)
- Fact Sheet: Addressing the Risk of COVID-19 in Schools While Protecting the Civil Right of Students (March 16, 2020)
- Coronavirus (COVID-19)
OSEP Funded Technical Assistance Centers and Resources
- Continuity of Learning During COVID-19. Resources from OSEP-funded grant recipients.
- Early Childhood Technical Assistance Center
- Coronavirus Disease (COVID-19) resources
- Remote services delivery and distance learning
- COVID-19 policy guidance. Includes state-specific guidance, information and resources.
- Distance learning
- Tele-practice/Tele-therapy
According to IDEA Part B Regulations Section 300.8:
Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
Visit Section 300.8 for more on disability categories as outlined in IDEA Part B Regulations.
Disaster ResponseWhen States and localities experience natural, man-made and health related disasters, the Office of Special Education Programs (OSEP) coordinates interagency initiatives and provides guidance on the type of flexibilities available under the Individuals with Disabilities Education Act (IDEA), and the supports and materials available that may assist in addressing the disaster and the related trauma event.
In addition, OSEP collaborates with the Disaster Recovery Unit (DRU), established within the Immediate Office of the Assistant Secretary of Elementary and Secondary Education (OESE), which was created to spearhead disaster recovery work across the United States Department of Education (Department). The DRU supports all school community stakeholders affected by Federally declared natural disasters across the K–12 and higher education spectrum.
OSEP Guidance and Resources
- Health-Related Disasters
- COVID-19 Guidance
- Hurricane Sandy
- POLICY LETTER: November 20, 2012 to Pat Geary and James P. DeLorenzo
- POLICY LETTER; November 4, 2005 to Florida State Department of Health Bureau chief for Early Interventions Janice Kane
- POLICY LETTER: November 4, 2005 to Mississippi Department of Health First Steps Early Intervention Program Coordinator Danita Munday
- POLICY LETTER: November 4, 2005 to Louisiana Office of Public Health Children’s Special Health Services Program Manager Linda Pippins
- POLICY LETTER: October 25, 2005 to Louisiana State Department of Education Assistant Superintendent Robin Jarvis
- POLICY LETTER: October 25, 2005 to Texas Education Agency IDEA Coordinator Kathy Clayton
- POLICY LETTER: September 21, 2005 Letter to Honorable Shirley Neeley in Response to Texas’s Requests Following Hurricane Katrina
- POLICY LETTER: September 21, 2005 letter to Honorable Cecil J. Picard in Response to Louisiana’s Requests for Flexibility
- POLICY LETTER: December 20, 2013 to Deborah Pergament, Clinical Instructor, Special Education Advocacy Clinic DePaul University, College of Law
- Policy Support 21-01 Process and Criteria Used to Evaluate a Request by States to Waive Maintenance of State Financial Support Requirements under IDEA Part B
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education
- Non-Regulatory Guidance on Flexibility and Waivers for Grantees and Program Participants Impacted by Federally Declared Disasters [PDF, 504KB]
- Natural Disaster Resources
- Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters
- School and Workplace Violence
- DOE/DHS/DOJ/HHS: School Safety
- Office of Disability and Integration and Coordination
- Regional Disability Integration Specialists 2020.pdf (aucd.org)
- COVID-19
- Natural Disasters
- Pandemic Influenza
- Zika
- Caring for Children in a Disaster
OSEP Funded Technical Assistance Centers
- Early Childhood Technical Assistance Center (ECTA)
- ECTA: Disaster Planning and Trauma Response
- ECTA: Early Identification, Referral Requirements under CAPTA and IDEA
- NCSI: COVID-19 Resource Hub
- NCSI: Distance Learning
- CPIR: Pandemic
- CPIR: Trauma
- CCN: COVID-19
- CCN: Trauma Informed Practice
Other Federally Funded Organizations
- National Child Traumatic Stress Network (NCTSN)
- NCTSN: Disasters
- NCTSN: Community Violence
- REMS: Integrating K–12 Students With Disabilities Into School Emergency Management Planning
- REMS: Integrating Neurodivergent K-12 Students and Staff Into School Emergency Management Planning
- REMS: Resources on the Role of Special Educators in School Safety Efforts
- REMS: Addressing Access and Functional Needs (AFN) in School and IHE Emergency Operations Plans
Under the IDEA, the primary vehicle for providing a free appropriate public education (FAPE) is through an appropriately developed individualized education program (IEP) that is based on the individual needs of the child.
In the case of a child whose behavior impedes the child’s learning or that of others, the IEP Team must consider – and, when necessary to provide FAPE, include in the IEP – the use of positive behavioral interventions and supports, and other strategies, to address that behavior.
School personnel may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension for up to 10 consecutive school days in a school year (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct, so long as those removals do not constitute a change of placement.
A disciplinary change of placement is a disciplinary removal of more than 10 consecutive school days or a series of removals that total more than 10 school days in a school year that constitute a pattern of removals because of factors such as the length of each removal, the total amount of time that a child has been removed, and the proximity of the removals to one another.
Within 10 days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the responsible local educational agency (LEA), the parent, and relevant members of the child’s IEP Team must first conduct a manifestation determination. This occurs through a review of all relevant information in the student’s file, including the IEP, any teacher observations, and any relevant information provided by the parents.
The group must determine if the child’s behavior was caused by, or had a direct and substantial relationship to, the child’s disability, or if the behavior was the direct result of the LEA’s failure to implement the IEP.
If the behavior is determined to be a manifestation of the child’s disability, the IEP Team either must conduct a functional behavioral assessment unless one had already been conducted prior to the behavior that resulted in a change in placement, and implement a behavioral intervention plan for the child or review an existing behavioral intervention plan and modify it, if necessary, to address the behavior.
Also, unless the parent and the LEA agree to a change in placement, the child must be returned to the placement from which he or she was removed.
OSEP Guidance and Resources
- Guidance to Help Schools Support Students with Disabilities and Avoid Disparities In the Use of Discipline:
- OSEP National Technical Assistance Call, Discipline Guidance Video and Powerpoint Presentation (PDF) (Oct. 13, 2022)
- OSEP Dear Colleague Letter on Implementation of IDEA Discipline Provisions. (July 19, 2022)
- Carta de estimado colega sobre la implementación de las disposiciones de disciplina de IDEA. (19 de julio de 2022)
- Preguntas y respuestas: Abordar las necesidades de los niños con discapacidades y las disposiciones disciplinarias de IDEA. (19 de julio de 2022)
- Enfoques positivos y proactivos para apoyar a los niños con discapacidades: Una guía para las partes interesadas. (19 de julio de 2022)
Other U.S. Department of Education/Federal Partner Resources
- Resource on Confronting Racial Discrimination in Student Discipline (PDF) (May 2023)
- A joint resource from the Departments of Education and Justice on the departments’ commitment to the vigorous enforcement of laws that protect students from discrimination on the basis of race, color, or national origin in student discipline
- Press Release (May 26, 2023)
- Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (Section 504). (July 19, 2022)
- Accompanying Fact Sheet. (July 19, 2022)
- Statement on Suspension and Expulsion in Early Learning programs
- Statement on Inclusion of Children with Disabilities in Early Childhood Programs.
- Fact Sheet on implementing the Pyramid Model to address inequities in early childhood discipline
- Resource Document on Restraint and Seclusion
OSEP Funded Technical Assistance Centers and Resources
- Reducing Exclusionary Discipline & Increasing Behavioral Supports
- More than 200 resources from OSEP TA Centers customized by audience and topic
- Resource guides, data, systems, practices, early childhood collection
- Module 19 — Key Issues in Discipline
IDEA 2004 Reauthorization Resources
Dispute ResolutionOSEP encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities.
To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities.
Part B of the IDEA provides parents with the following options for resolving disagreements about their child’s education program: state complaints, mediation, and due process complaints.
Any individual or organization, including one from another state, may file a state complaint to resolve allegations that a public agency has violated a requirement of Part B of the IDEA.
OSEP Guidance and Resources
- Question and Answers about Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B) (July 23, 2013)
- Dear Colleague Letter on Use of Due Process Procedures After a Parent has Filed a State Complaint (April 15, 2015)
OSEP Funded Technical Assistance Centers and Resources
- Center for Appropriate Dispute Resolution in Special Education (CADRE)
- CADRE’s Find State Agency and Parent Center Information
IDEA 2004 Reauthorization Resources
- Video
- Procedural Safeguards
- Procedural Safeguards: Mediation
- Procedural Safeguards: Resolution Meetings and Due Process Hearings
- Non-Regulatory Guidance on the IDEA Part B Supplemental Regulations, published Dec. 1, 2008: MS Word | PDF
The early childhood programs under IDEA (Part C Early Intervention and Part B Preschool Special Education) are part of a broader set of early learning programs and services.
Young children with disabilities participate in various programs and services so it is critical that IDEA early childhood professionals are aware of and collaborate with the broader early learning community.
OSEP Guidance and Resources
- IDEA Part C: Early Learning and Early Childhood. Resource Guides and Webinar
- Frequently Asked Questions on Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs (October 2016)
- OSEP Memo on Response to Intervention (RTI) and preschool children (April 29, 2016)
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education
- Early Learning at ED
- Early Learning Partnerships with other agencies
- Statements on Early Learning
- Administration on Children and Families, Office of Child Development
- Office of Head Start
- Office of Child Care
- Maternal and Child Health Bureau
OSEP Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Training Modules for building the legacy for our youngest children with disabilities
All young children with disabilities should have access to inclusive high-quality early childhood programs, where they are provided with individualized and appropriate support in meeting high expectations.
Children with disabilities and their families continue to face significant barriers to accessing inclusive high-quality early childhood programs despite the legal foundation and research base supporting inclusion.
OSEP Guidance and Resources
- Dear Colleague Letter on Preschool Least Restrictive Environment (Jan. 9, 2017)
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education
- Early Childhood webpage
- Statement on Early-Childhood Inclusion (Nov. 28, 2023)
OSEP Funded Technical Assistance Centers and Resources
- Early Childhood Technical Assistance (ECTA) Center
- Inclusion
Early childhood transition is the process where a child with a disability transitions from receiving early intervention services under IDEA Part C to receiving preschool services under IDEA Part B Section 619 if they are deemed eligible.
The eligible child goes from receiving services through an individualized family service plan (IFSP) to an individualized education program (IEP) or to another community early childhood program.
This early childhood transition process requires timely and effective coordination and collaboration between State lead agencies (LAs) and State education agencies (SEAs).
To this end, LAs and SEAs should ensure smooth and seamless transitions by developing and maintaining mechanisms that clearly define and support the accountability measures used within and between lead education agencies (LEAs) and early intervention services programs and providers or other early childhood programs.
This transition process includes State and local teams conducting ongoing analysis to assess their policies, procedures, and practices and identify improvement activities that enhance the infrastructure necessary to support successful transitions.
Resources for Parents
OSEP-Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Early Childhood Transition to Preschool
Resources for Parents/ Families, Grantees, Educators/ Service Providers
OSEP Guidance and Resources
- Early Childhood Transition Questions and Answers (Nov. 28, 2023)
- OSEP Policy Letter to Jennifer Nix (March 17, 2023)
- OSEP Checklist for Transition (PDF). Grants Part C Section II.A.10 Checklist.
Resources for Grantees, Educators/ Service Providers
OSEP-Funded Technical Assistance Centers and Resources
- The Center for IDEA Early Childhood Data Systems (DaSy)
- DaSy Spotlight: Data Linkages Between Part C and Part B – Transition Notification
- Annual Performance Report Checklist and Tips
- Indicator C-8A: Transition Plan
- Indicator C-8B: Transition Notification
- Indicator C-8C: Transition Conference
- Indicator B-12: Early Childhood Transition
- Early Childhood Transition from Part C to Preschool
English learners (ELs) are among the fastest-growing populations of students in our nation’s public schools.
This diverse subgroup of approximately 4.5 million students brings important cultural and linguistic assets to the public education system, but also faces a greater likelihood of lower graduation rates, academic achievement, and college enrollment than their non-EL peers.
The IDEA and Section 504 of the Rehabilitation Act of 1973 (Section 504) address the rights of students with disabilities in school and other educational settings.
If an EL is suspected of having one or more disabilities, the local education agency (LEA) must evaluate the EL promptly to determine if the EL has a disability or disabilities and whether the EL needs disability-related services, which are special education and related services under IDEA or regular or special education and related aids and services under Section 504.
Disability evaluations may not be delayed because of a student’s limited English language proficiency (ELP) or the student’s participation in a language instruction educational program (LIEP). Also, a student’s ELP cannot be the basis for determining that a student has a disability.
OSEP Guidance and Resources
- POLICY LETTER: November 15, 2021 to Boals — Individuals with Disabilities Education Act on inclusion of language development goals in an individualized education program (IEP), best practices to ensure appropriate instruction throughout the school day, and resources for developing IEPs and providing instruction for English learners with disabilities.
- Addendum to Question and Answers on inclusion of English Learners with disabilities in English language proficiency assessments and Title III Annual Measurable Achievement Objectives (July 2014)
- Question and Answers on inclusion of English Learners with disabilities in English language proficiency assessments and Title III Annual Measurable Achievement Objectives (July 2014)
- Q&A Cover Letter (June 2014)
- Statement of Interest on IEP Translation
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education
- Statement on Supporting Young Dual Language Learners
- English Learner Toolkit
In determining whether a child has a disability under the IDEA, and is eligible to receive special education and related services because of that disability, the local education agency (LEA) must conduct a comprehensive evaluation, which requires the use of a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child.
This information, which includes information provided by the parent, may assist in determining:
- whether the child is a child with a disability
- the content of the child’s IEP to enable the child to be involved in, and make progress in, the general education curriculum
A reevaluation must occur at least once every three years, unless the parent and the public agency agree that a reevaluation is unnecessary.
OSEP Guidance and Resources
- Dear Colleague Letter on Dyslexia (Oct. 23, 2015)
OSEP Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Evaluating Children for Disabilities
- Module 9: Introduction to Evaluation under IDEA
- Module 10: Initial Evaluation and Reevaluation
- Module 11: Identification of Children with Specific Learning Disabilities
IDEA 2004 Reauthorization Resources
- Question-and-Answer Documents
- Individualized Education Programs (IEP’s), Evaluations and Reevaluations: MS Word | PDF
The cornerstone of the IDEA is the entitlement of each eligible child with a disability to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and that prepare the child for further education, employment, and independent living.
Under the IDEA, the primary vehicle for providing FAPE is through an appropriately developed individualized education program (IEP) that is based on the individual needs of the child.
An IEP must take into account a child’s present levels of academic achievement and functional performance, and the impact of that child’s disability on his or her involvement and progress in the general education curriculum.
OSEP Guidance and Resources
- Q&A on Endrew F. v. Douglas County School District Case (Dec. 7, 2017)
- Dear Colleague Letter on Free and Appropriate Public Education (FAPE) (Nov. 16, 2015)
- OSEP Memo on Educational Expenses for Children in Private Residential Facilities (March 17, 2005) PDF
Highly mobile children include children experiencing frequent family moves into new school districts, such as military-connected children, migrant children, children in the foster care system, and children who are homeless.
While these children often possess remarkable resilience, they also experience formidable challenges as they cope with frequent educational transitions.
It is important for school administrators and teachers, including special education administrators and special education teachers, to have accurate and timely information to meet their responsibilities to make a free appropriate public education (FAPE) available to highly mobile children with disabilities under IDEA, including affording all of IDEA’s rights and protections to eligible children and their parents when the children change school districts.
OSEP Guidance and Resources
- Letter to State Directors of Special Education on Ensuring a High-Quality Education for Highly Mobile Children (Nov. 10, 2022)
- Question and Answers on High Quality Education for Highly Mobile Children (July 19, 2013)
- Policy Letter on Guidance on Homeless Children with Disabilities (February 2008)
- This Q&A document provides state and local educational officials, early intervention services providers and homeless assistance coordinators with information to assist with implementation of the requirements of the IDEA and the McKinney-Vento Homeless Assistance Act.
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education
- Education for Homeless Children and Youths Program – Non-Regulatory Guidance (July 27, 2016)
- Office of Elementary and Secondary Education McKinney Vento Program
- Joint Guidance Document on Meeting the Needs of Families with Young Children Experiencing and At Risk of Homelessness Released (Oct. 31, 2016)
The cornerstone of the IDEA is the entitlement of each eligible child with a disability to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and that prepare the child for further education, employment, and independent living. 20 U.S.C. §1400(d)(1)(A).
Under the IDEA, the primary vehicle for providing FAPE is through an appropriately developed IEP that is based on the individual needs of the child.
An IEP must take into account a child’s present levels of academic achievement and functional performance, and the impact of that child’s disability on his or her involvement and progress in the general education curriculum.
IEP goals must be aligned with grade-level content standards for all children with disabilities.
The child’s IEP must be developed, reviewed, and revised in accordance with the requirements outlined in the IDEA in 34 CFR 300.320 through §300.324.
OSEP Guidance and Resources
- Return to School Roadmap: Development and Implementation of Individualized Education Programs (Sept. 30, 2021)
- Q&A on Endrew F. v. Douglas County School District Case (Dec. 7, 2017)
- Dear Colleague Letter on IEP Translation—Communication from OSEP (June 14, 2016)
- Statement of Interest on IEP Translation
OSEP and OSEP Funded Technical Assistance Centers’ Resources
- OSEP Symposia Series
- High Expectations and Appropriate Supports: The Importance of IEPs
- Increasing Capacity for Developing High-Quality IEPs/IFSPs
OSEP Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Module 12: The IEP Team
- Module 13: Content of the IEP
- Module 14: Meetings of the IEP Team
- Individualized Education Program
IDEA 2004 Reauthorization Resources
- Question-and-Answer Documents
- Individualized Education Programs (IEPs), Evaluations and Reevaluations: Word | PDF
- Individualized Education Program: Word | PDF
- Prior Written Notice: Word | PDF
- Procedural Safeguards Notice: Word | PDF
The Individualized Family Service Plan (IFSP) is the written plan for providing early intervention services to an infant or toddler with a disability and infant’s or toddler’s family.
The IFSP must be developed in accordance with the procedures outlined in 34 CFR §§303.342, 303.343, and 303.345 and includes the content required in 34 CFR §303.344.
OSEP and OSEP Funded Technical Assistance Centers’ Resources
- OSEP Symposia Series
- Increasing Capacity for Developing High-Quality IEPs/IFSPs
OSEP Funded Technical Assistance Centers and Resources
- Early Childhood Technical Assistance Center
- IFSP Process: Planning and Implementing Family-Centered Services in Natural Environments
- Module 5: Procedures for IFSP Development, Review, and Evaluation
- Module 6: Content of the IFSP
- Writing the IFSP for Your Child
IDEA 2004 Reauthorization Resources
- Topic Briefs
- Non Regulatory Guidance on Part C of IDEA (November 2011)
- A Training Curriculum on Part C of IDEA 2004
- Part C IFSP Model Form
The least restrictive environment requirements have existed since passage of the Education for all Handicapped Children Act (EHA) in 1975 and are a fundamental element of our nation’s policy for educating students with disabilities. EHA was renamed the IDEA in 1990.
These requirements reflect the IDEA’s strong preference for educating students with disabilities in regular classes with appropriate aids and supports.
Under section 612(a)(5) of the IDEA, to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, must be educated with children who are not disabled.
Further, special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
OSEP Guidance and Resources
- Dear Colleague Letter on Preschool Least Restrictive Environment (Jan. 9, 2017)
- Dear Colleague Letter on Free and Appropriate Public Education (Nov. 16, 2015)
OSEP Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Module 15: LRE Decision Making
The IDEA requires states monitor the implementation of IDEA Part B requirements and to make determinations annually about the performance of each local educational agency using the categories:
- meets requirements and purposes of Part B
- needs assistance in meeting the requirements of Part B
- needs intervention in meeting the requirements of Part B
- needs substantial intervention in meeting the requirements of Part B
For Part C, the state must monitor implementation of the IDEA Part C requirements and make determinations annually about the performance of each early intervention service program using the following categories:
- meets requirements and purposes of Part C
- needs assistance in meeting the requirements of Part C
- needs intervention in meeting the requirements of Part C
- needs substantial intervention in meeting the requirements of Part C
States must use appropriate enforcement mechanisms, if applicable, which must include actions such as:
- providing technical assistance
- imposing conditions on funding of an LEA (Part B) or early intervention service provider’s program (Part C)
- requiring corrective action or improvement plans when necessary of an LEA (Part B) or early intervention service provider’s program (Part C)
The primary focus of the state’s monitoring activities must be on improving educational results and functional outcomes for all children with disabilities and ensuring that:
- public agencies meet Part B requirements, with a particular emphasis on the requirements most closely related to improving educational results for children with disabilities.
- early intervention services programs meet the program requirements under Part C, with a particular emphasis on those requirements that are most closely related to improving early intervention results for infants and toddlers with disabilities.
OSEP Guidance and Resources
- State General Supervision Responsibilities under Parts B and C of the IDEA. Monitoring, Technical Assistance, and Enforcement. OSEP QA 23-01 (July 24, 2023)
- Dear Colleague Letter Regarding State General Supervision Responsibilities. (July 24, 2023)
- General Supervision Videos (March 2024)
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education
- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
OSEP Funded Technical Assistance Centers and Resources
- National Center for Systemic Improvement
- Part B General Supervision Systems
- Part C State General Supervision Systems
IDEA 2004 Reauthorization Resources
- Monitoring, Technical Assistance, and Enforcement (2009): MS Word | PDF
The IDEA provides certain protections to parents of children with disabilities.
A copy of the procedural safeguards available to parents must be provided to the parents one time per school year, except that a copy also must be given to parents (1) upon initial referral or parent request for evaluation; (2) upon receipt of the first state complaint under 34 300.151–300.153 and upon receipt of the first due process complaint under 300.507 in a school year; (3) in accordance with the IDEA’s discipline procedures in 300.530(h); and (4) upon request by a parent.
There are several procedural safeguards available to parents under Part B, including:
- independent educational evaluations
- prior written notice
- parental consent
- access to education records
- the opportunity to present and resolve complaints through the due process complaint and state complaint procedures
- the availability of mediation
The requirement to provide a copy of the procedural safeguards available to parents as well as the full list of the procedural safeguards is described in 34 CFR 300.504.
Under IDEA Part C, the procedural safeguards are designed to protect the rights of parents and their infant or toddler with a disability, as well as give families and early intervention lead agencies a mechanism for resolving disputes.
Each lead agency is responsible for establishing procedural safeguards that meet the requirements of 34 CFR 303.400.
The procedural safeguards include provisions related to:
- confidentiality of the child and family’s early intervention records
- the right of parents to review such records
- data collection and consent related to the disclosure of personally identifiable information
- prior written notice, which ensures that parents receive important information about the lead agency or EIS provider’s proposed actions or refusals
- parental consent for actions affecting infants and toddlers and their families.
The procedural safeguards also:
- ensure that the child’s rights are protected if a surrogate parent must be assigned
- establish dispute resolution procedures to ensure speedy resolution of any disputes that arise under Part C of the IDEA
- contain requirements regarding the state’s system of payments.
OSEP Guidance and Resources
- OSEP Memo 13-08 Questions and Answers on Dispute Resolution Procedures (July 23, 2013)
OSEP Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Module 10: Introduction to Procedural Safeguards (Part C)
- Module 17: Introduction to Procedural Safeguards (Part B)
- Module 18: Options for Dispute Resolution (Part B)
IDEA 2004 Reauthorization Resources
- Dialogue Guide
- Procedural Safeguards: Surrogate Parents, Notice And Parental Consent – Part B
- Individualized Education Program: Word | PDF
- Prior Written Notice: Word | PDF
- Procedural Safeguards Notice: Word | PDF
Physical education services, specially designed if necessary, must be made available to every child with a disability receiving a free appropriate public education, unless the public agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades.
Each child with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled children unless the child is enrolled full-time in a separate facility or the child needs specially designed physical education as prescribed in the child’s individualized education program (IEP).
If specially designed physical education is prescribed in a child’s IEP, the public agency responsible for the education of the child must provide the services directly or make arrangements for those services to be provided through other public or private programs. For a child with a disability who is enrolled in a separate facility, the public agency responsible for the child’s education must ensure she or he receives appropriate physical education services in accordance with the requirements in 34 CFR 300.108.
OSEP Guidance and Resources
- Report on Creating Equal Opportunities for Children And Youth with Disabilities to Participate in Physical Education and Extracurricular Athletics (August 2011)
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office for Civil Rights
- ED Clarifies Schools’ Obligation to Provide Equal Opportunity to Students with Disabilities to Participate in Extracurricular Athletics (Jan. 25, 2013)
The IDEA is designed to improve educational results for all children with disabilities.
Therefore, it provides benefits and services to children with disabilities in public schools and requires school districts to make services and benefits available to children with disabilities enrolled by their parents in nonpublic (private) schools.
The law includes language requiring state educational agencies (SEAs) and local educational agencies (LEAs) to ensure the equitable participation of parentally placed children with disabilities in programs assisted by or carried out under the equitable participation requirements that apply to them.
OSEP Guidance and Resources
- POLICY LETTER 22-06: November 16, 2022, to Flanigan
TOPIC: Parentally-Placed Private School Children with Disabilities - Q&A on Serving Children with Disabilities Placed by Their Parents in Private Schools
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office of Innovation and Improvement
- Office of Non-Public Education
- ONPE’s IDEA Provision Related to Children with Disabilities Enrolled by Their Parents in Private Schools (March 2011)
OSEP Funded Technical Assistance Centers and Resources
- Center for Parent Information and Resources
- Video: OSEP Q&A on Serving Children with Disabilities Placed by Their Parents in Private Schools
- Module 16—Children Enrolled by Their Parents in Private Schools
For those students who may need additional academic and behavioral supports to succeed in a general education environment, schools may choose to implement a multi-tiered system of supports (MTSS), such as response to intervention (RTI) or positive behavioral interventions and supports (PBIS).
MTSS is a school-wide approach that addresses the needs of all students, including struggling learners and students with disabilities, and integrates assessment and intervention within a multi-level instructional and behavioral system to maximize student achievement and reduce problem behaviors.
MTSS, which includes scientific, research-based interventions, also may be used to identify children suspected of having a specific learning disability.
With a multi-tiered instructional framework, schools identify students at risk for poor learning outcomes; monitor their progress; provide evidence-based interventions; and adjust the intensity and nature of those interventions depending on a student’s responsiveness.
Children who do not, or minimally, respond to interventions must be referred for an evaluation to determine if they are eligible for special education and related services; and those children who simply need intense short-term interventions may continue to receive those interventions.
OSEP Guidance and Resources
- OSEP Memo 11-07 on Response to Intervention (Jan. 21, 2011) MS Word | PDF
- OSEP Memo 16-07 on Response to Intervention (RTI) and Preschool Services (April 29, 2016)
- Dear Colleague Letter on Dyslexia (Oct. 23, 2015)
OSEP Funded Technical Assistance Centers and Resources
- Center on Multi-Tiered System of Supports
- Early Childhood Technical Assistance Center
- Response to Intervention in Early Childhood
IDEA 2004 Reauthorization Resources
- Question-and-Answer Documents
- Response to Intervention (RTI) and Early Intervening Services (EIS): MS Word | PDF
The IDEA and its implementing regulations addresses transition services for children with disabilities.
The term “transition services” means a coordinated set of activities for a child with a disability that:
- is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, and community participation
- is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests
- includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation
Transition services may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.
OSERS Guidance and Resources
- A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities (August 2020)
- Includes letter from RSA Commissioner and OSEP Director on the importance of collaboration between special education and vocational rehabilitation related to secondary transition
- OSERS’ Successful Transition for All Blog Series (2023)
- Ongoing blog series from OSERS’ OSEP and RSA to improve transition planning and transition services for students with disabilities
- Stay up to date with OSERS’ Successful Transitions for All! webinars, video messages, symposia registration and recordings, resources, and more.
Other U.S. Department of Education/Federal Partner Resources
- U.S. Department of Education’s Office for Civil Rights
- Transition of Students with Disabilities to Postsecondary Education: A Guide for High School Educators
OSEP Funded Technical Assistance Centers and Resources
- National Deaf Center on Postsecondary Outcomes/National Postsecondary Education Programs Network (pn2)
- National Technical Assistance Center on Transition (NTACT)
- College and Career Readiness and Success Center
- National Clearinghouse of Rehabilitation Training Materials (NCRTM)
IDEA 2004 Reauthorization Resources
- Question-and-Answer Documents
- Secondary Transition: MS Word | PDF
IDEA requires states to collect and examine data to determine if significant disproportionality based on race and ethnicity is occurring in the state and the local educational agencies (LEAs) of the state with respect to:
- the identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment;
- the placement in particular educational settings of such children; and
- the incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
The IDEA does not, however, define “significant disproportionality.”
The regulations do not explicitly define the term either. Instead, regulations require states to use a standard methodology for analysis of disproportionality, which includes states setting a threshold above which disproportionality in the identification, placement, or discipline of children with disabilities within an LEA is significant.
OSEP Guidance and Resources
- Significant Disproportionality Reporting Under IDEA Part B
- Question and Answers and Model State Timeline on Significant Disproportionality (Equity in IDEA) (March 31, 2017)
- These resources are a follow-up to the Equity in IDEA final regulation, which was published in the Federal Register Dec. 19, 2016 and became effective on Jan. 18, 2017.
- On May 6, 2019, the Department of Justice filed a Notice of Appeal in COPAA v. DeVos. The filing of this Notice of Appeal does not stay the district court order or alter the fact that the December 19, 2016 Equity in IDEA regulation on significant disproportionality is currently in effect.
- The Office of Special Education and Rehabilitative Services posted the following to the department’s site May 20, 2019: “Pursuant to the plain language of the December 19, 2016 Equity in IDEA regulation on significant disproportionality, and in conjunction with the March 7, 2019 decision in COPAA v. Devos, the department expects states to calculate significant disproportionality for the 2018–2019 school year using the 2016 rule’s standard methodology, or to recalculate using the 2016 rule’s standard methodology if a different methodology has already been used for this school year.”
- NOTE: The department postponed the compliance date of this regulation from July 1, 2018 to July 1, 2020 through 83 FR 31306 published July 3, 2018. The regulation also postpones the compliance date for including children ages three through five in significant disproportionality analysis from July 1, 2020 to July 1, 2022.
OSEP Funded Technical Assistance Centers and Resources
- OSEP IDEAs That Work
- Disproportionality and Equity
IDEA 2004 Reauthorization Resources
Teachers and Personnel PreparationTeaching is one of the most important and challenging careers, and of all the school-related factors that impact student academic performance, great teachers matter most and that is especially true for children with disabilities.
Great teachers, related services providers and principals matter enormously to the learning and the lives of all children, especially children with disabilities.
States must establish and maintain qualifications to ensure the personnel necessary to implement the IDEA Part B requirements are appropriately and adequately prepared and trained. This includes making sure those personnel have the content knowledge and skills to serve children with disabilities.
IDEA authorizes and OSEP invests in personnel development for those who serve and support children with disabilities (birth through 21) and their families.
OSEP Funded Technical Assistance Centers and Resources
- Early Childhood Personnel Center (ECPC)
- CONNECT: The Center to Mobilize Early Childhood Knowledge
- Collaboration for Effective Educator Development, Accountability, and Reform (CEEDAR)
- The IRIS Center
- Center on Great Teachers and Leaders
The IDEA and its implementing regulations address the transportation needs of children with disabilities.
Transportation is a related service as defined by 34 CFR §300.34(c)(16) of the IDEA regulations and can include travel to and from school and between schools; travel in and around school buildings; and specialized equipment such as special or adapted buses, lifts, and ramps.
A child’s individualized education program (IEP) Team is responsible for determining both if transportation is required to assist a child with a disability to benefit from special education and related services and how the transportation services should be implemented.
The IDEA and the implementing regulations also include travel training in the definition of special education. Travel training is instruction that enables children with disabilities to develop an awareness of the environment in which they live, and to learn the skills necessary to move effectively and safely from place to place within that environment.
Both transportation and travel training are important services IEP Teams should continue to consider when they plan for a child’s postsecondary transition needs.
IDEA 2004 Reauthorization Resources
- Question-and-Answer Documents
- Serving Children with Disabilities Eligible for Transportation: MS Word | PDF
During the last decade, there has been a proliferation of educational models involving varying degrees of in-person and online instruction and practice.
Many state educational agencies (SEAs) and local educational agencies (LEAs), including charter schools that operate as LEAs, provide a variety of Internet-based or online instruction to children, including children with disabilities under the IDEA.
In addition, some LEAs have begun, or are considering, offering children the opportunity to attend virtual schools.
The educational rights and protections afforded to children with disabilities and their parents under IDEA must not be diminished or compromised when children with disabilities attend virtual schools that are constituted as LEAs or are public schools of an LEA.
OSEP Guidance and Resources
- Dear Colleague Letter on Online and Virtual Schools (Aug. 5, 2016)
Severe Discrepancy, Severe Discrepancy, Severe Discrepancy, Severe Discrepancy, Severe Discrepancy, District wide, District wide, District wide, District wide
- These resources are a follow-up to the Equity in IDEA final regulation, which was published in the Federal Register Dec. 19, 2016 and became effective on Jan. 18, 2017.
- Office of Non-Public Education
- Parent Resources.
- Professional Development Modules.